1441 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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Donham would testify as in said affidavit set out, nor could they have ascertained same by exercise of due diligence.

1.-D. Because of the newly discovered evidence of Cora Lavender Lafeew, which evidence so newly discovered is hereunto set out in an affidavit hereto attached and marked Exhibit B.

The movant hereto, Leo M. Frank, did not, at the date of the original trial, nor at the date when his motion for new trial was overruled, know of the facts in said Exhibit B set out; nor did he know that said Cora Lavender Lafeew would make an affidavit as set out and shown by said affidavit, nor did he have any reason to know, nor any means by which he could know, that Cora Lavender Lafeew knew and would testify to the facts set out in said Exhibit B.

Said testimony, in said Exhibit B, set out, is of the highest importance to this movant. Jim Conley, one of the main witnesses against this movant, upon movant's trial, testified that he was engaged by Frank to move the body of Mary Phagan from the metal room of the pencil factory down to the basement.

Movant denied, on said trial, that Mary Phagan was killed in the metal room, and that Conley, through movant's instigation, carried the body from the metal room to the basement, but contended through his counsel, that Conley himself, was the slayer of the little girl, and that the wounds and bruises upon the little girl's body was made by Conley and not by movant.

The witness Conley admitted the washing of the shirt, as in said affidavit testified to, but alleged that the apparent stains on the shirt were rust stains.

Movant did not know, and had no opportunity to know, that this witness Cora Lavender Lafeew would testify that Conley told her that the stains upon the shirt were blood stains and not rust stains, and that said stains were in fact blood stains.

This testimony of Cora Lavender, unknown to the movant as aforesaid, shows that the stains upon the shirt were not rust stains, but blood stains, and strongly enforces and fortifies the position of this movant that Conley was the slayer of Mary Phagan and that, in the slaying, he was stained with Mary Phagan's blood. Movant affirms that this testimony was likewise